Shuchi Bhola v. Union Of India & ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7504/2016 SHUCHI BHOLA ..... Petitioner Through: Mr. K.S. Negi, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Anjana Gosain, Adv. for R-1.

Ms. Ratna Dwivedi Dhingra and Ms. Bhavna Dhami, Advs. for R- 2 & 3/ Air India Ltd.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 26.08.2016 CM No. 30861/2016 (Exemption) 1.

Allowed subject to just exceptions.

WP(C) 7504/2016 2.

Issue notice.

3.

Ms. Anjana Gosain accepts notice for respondent no.1, while Ms. Ratna Dwivedi Dhingra accepts notice for respondent nos. 2 & 3/Air India Ltd. (AIL).

4.

At the instance of the learned counsel for the parties, the petition is taken up for hearing and disposal. It is the petitioner‟s case that her services as cabin crew with Air India Ltd. have been terminated without any reason. She had earlier challenged that termination by way of writ petition being WP(C) No. 5979/2014. By order dated 09th September, 2014 this Court had directed the respondent to accord her a hearing. The petitioner was accorded

a hearing by the In-House Committee constituted by AIL, wherein she was advised to give an undertaking that she would abide by the rules and regulations applicable to her. Immediately upon receipt of the advise, the petitioner wrote a letter dated 18th October, 2014 which reads as under: "....... Please recall the discussion held in the meeting dated I5th October 2014 chaired by Mrs. Deepa Mahajan (ED, IR), Mrs. Harpreet De Singh (ED Inflight service) and Mr Pankai Kumar (ED Northern region) for hearing me personally on the direction of Delhi High court passed in w.p. no. 5979/2014. As directed by the Chairperson I have to submit an undertaking to comply with the rules and regulations of Air India Ltd.

Though such direction is unwarranted as all employees working with Air India are obliged to follow the rules and regulations of the company so long they are in service. As an erstwhile employee no. 31681, 1 am also, bound to follow them. It is reiterated that there has never been any occasion during my service career spanning, from April 2005 till March 2014 where I have been found lacking in following them. I however repeat that I will follow the rules and regulations of the company (Air India Ltd) after my reinstatement with full back wages and requisite seniority/promotion as I was wrongfully dismissed from service on 5th March 2014 without any enquiry or show cause notice....."

5.

It contended that thereafter the petitioner has not heard anything from Air India and is keen to resume her services. 6.

The learned counsel for Air India submits that in the interim the petitioner was expecting; a letter dated 29th June, 2015 was issued to her seeking information whether she would be available in Delhi for a meeting to discuss the matter further.

7.

The learned counsel for the petitioner submits that the petitioner is ready and willing to meet the respondent on any date, and that a date may be

accordingly fixed.

8.

Accordingly, it is directed that the petitioner should present herself before the In-House Committee on 15.09.2016 at 3.00 p.m. The decision of the In-House Committee shall be communicated to the petitioner within 15 days thereof. Should the petitioner be aggrieved by the decision of the InHouse Committee, her right to pursue remedies, as may be available to her in law, shall be unaffected.

9.

With the above directions, the petition stands disposed off. 10.

Dasti under the signatures of the Court Master. NAJMI WAZIRI, J AUGUST 26, 2016/kk